Mousaelian v. A-1 Rentals
In this appeal, plaintiff challenges an order that set aside a default and default judgment entered against defendant A-1 Coast Rentals (defendant). The order granting such relief to defendant was based on the trial courts Code of Civil Procedure section 473 findings that defendants motion was timely and defendants failure to file a responsive pleading after being served with the summons and complaint was due to defendants excusable neglect. Court's review of the record causes us to conclude just the opposite. Additionally, Court find the record does not support defendants claims that the judgment is void because of (a) defective service, (b) a defective proof of service, and (c) a defective statement of damages; nor does the record support relief from the default and default judgment under the trial courts inherent power to grant equitable relief. Therefore, the order from which plaintiff has appealed reversed and the matter remanded with directions to reinstate plaintiffs judgment.
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